HomeMy WebLinkAbout9/27/1994MINUTERWkTTACHEDM
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, SEPTEMBER 27, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman ( Dist. 4)
Kenneth R. Macht, Vice Chairman ( Dist. 3 )
Fran B. Adams ( Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
9: 0_ 0 A A. M. 1. CALL TO ORDER
James E. Chandler,' County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
2. JNVOCATION - None
3. PLEDGE OF ALLEGIANCE - James E. Chandler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
13-E Occupational License Discussion
7-N Housing Authority Budget Amendment 028
12 "Public Safety Day" Golf Outing
5-B National Housing Week Proclamation
S. PROCLAMATION AND PRESENTATIONS
Presentation of the Distinguished Budget Presentation
Award from the Government Finance Officers Assoc.
(GFOA)
( letter dated August 22, 1994)
6. APPROVAL OF MINUTES
None
7. CONSENT AGENDA
A. Received 6 Placed on File in Office of Clerk
to the Board:
Minutes for Meeting of Board of Supervisors,
Indian River Farms Water Control District from
10/14/93 thru 06/02/94
B. Award Bid #4095 / CR510 and SR AIA Intersection
Improvements
(memorandum dated September 14, 1994)
C. Award Bid #5002 / Furnish E Install Sod
( memorandum dated September 8, 1994)
D. Request for Authorization to Submit an FDEP
Grant Application for -an Indian River County
Boaters' Informational Brochure
(memorandum dated September 21, 1994 )
7. CONSENT AGENDA (cont'd.) :
E. 58th Avenue R -O -W Acquisition; Parcel #108,
Anngel M. Bates
( memorandum dated September 19, 1994 )
F. Release of Utility Liens
--- (memorandum dated September 14, 1994)
G. Release of Utility Liens
( memorandum dated September 21, 1994 )
H. County Tax Deed Applications
( memorandum dated September 20, 1994 )
I. Cancellation of Outstanding Taxes
Properties Purchased for County Use
( memorandum dated September 19, 1994 )
J. A Resolution Cancelling Taxes Upon Publicly
Owned Lands
( memorandum dated September 16, 1994 )
K. Miscellaneous Budget Amendment #027
( memorandum dated September 21, 1994 )
L: Annual Cooperative. Forestry Report / City of
Vero Beach and Indian River County
(report dated September 20, 1994)
AA. Proposed Jungle Club Road Race
( memorandum dated September 13, 1994 )
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Property Appraiser David Nolte: -
Report on Meeting Regarding Retaining a Lawyer for
Piper Bankrupcy Case
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Gary B. Sack, Attorney - Re: Objection to Award
of Bid #4100 / Water Conditioner for IRC Jail
( letter dated September 20, 1994 )
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
11. DEPARTMENTAL MATTERS (cont'd):
C. GENERAL SERVICES
Administration Building Cafeteria
( memorandum dated September 16, 1994 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Request for County to Accept
the Following
Roads for Maintenance:
(a) 104th Ave. from 81st St.
to 80th St. -
Vero Lake Estates S/D
(b) 100th Crt. from 91st St.
to 92nd St: '-
Vero Lake Estates S/ D
(c) 105th Ave. from 86th St.
to 87th St. -
Vero Lake Estates S/D
_
( memorandum dated September
20, 1994 )
2. Request for Permit Application for Main-
tenance Dredging of Vero Shores Channel
( memorandum dated September 21, 1994 )
3. County Road Intersection Improvement
Project - Work Order No. 1
( memorandum dated September 20, 1994 )
4. Murphy Deed Reservations
( memorandum dated September 21, 1994 )
H. UTILITIES
Reuse Water Transmission Line - Change Order #1
and Final Payment Request
( memorandum dated September 15, 1994 )
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
Approval of General Organizational Information
Booklet
(memorandum dated September 20, 1994)
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS
13. COMMISSIONERS ITEMS (cont'd.):
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. 1994-95 Recycling Education Grant
Acceptance Signature
(memorandum dated September 20, 1994)
2. Award Bid #4101 / Truck Mounted Augie
(memorandum. dated September 14, 1994 )
3. Award Bid #4083 / SWDD Administration
and Maintenance Building
(memorandum dated September 15, 1994 )
4. Appeal Hearing for Three (3) Petitioners
Postponed from Sept. 19, 1994 Hearings:
a. G 6 S Investments of Indian River
County, Inc.
755 8th Court, Suite #4
Vero Beach, FL 32962
b. Glendale Industrial Park, Inc.
755 8th Court, Suite #4
Vero Beach, FL .32962
C. Glendale Trade Center, Inc.
755 8th Court, Suite #4
Vero Beach, FL 32962
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE
MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS .WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
September 27, 1994
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Tuesday, September 27,
1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth
R. Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and
Carolyn K. Eggert. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and P. J.
Jones, Deputy Clerk.
The Chairman called the meeting to order, and Administrator
Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the addition to the Agenda of a
discussion on the status of occupational license fees (13-E).
Administrator Chandler requested the addition of Housing
Authority Budget Amendment (7-N).
,County Attorney Vitunac requested the addition of a discussion
regarding John's Island Club,. Inc. Is "Public Safety Day" golf
outing (12). --
Chairman Tippin requested the addition of Proclamation for
National Housing Week. (5-B)
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added the
above items to the Agenda.
PRESENTATION OF AWARD FROM GOVERNMENT FINANCE
OFFICERS ASSOCIATION
Chairman Tippin read aloud the Distinguished Budget
Presentation Award from the Government Finance Officers Association
to the Board of County Commissioners of Indian River County, and
thanked OMB Director Joseph A. Baird for his hard and diligent
work. Director Baird expressed his appreciation for the
SEPTEMBER 27, 1994 1
BOOK 93 PACS XJ
cooperation of his staff and the Finance Department and presented
the plaque to Chairman Tippin for display in the Commissioners'
office.
GOVERNMENT FlNANCE
OFFlCERS ASSOCIATION
180 North Michigan Avows. Suite 800, Chicago, Illinois 60601
312/977-9700 • Fax: 312/977-4806
August 22, 1994
- - Mr. James. E. Chandler
County Administrator
Indian River County Bd. of Co. Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Chandler:
AUG1ytF+
ADMIN
offim
I am pleased to notify you that the Indian River County Bd. of Co. Commissioners'has
received the Distinguished Budget Presentation Award from the Government Finance
Officers Association (GFOA). This award is the highest form of recognition in
governmental budgeting and represents a significant achievement by your. organization.
Your Government's plaque will be shipped under separate cover to Mr. Joseph A.
Baird, who originally submitted the budget for consideration. We hope you will arrange
for a formal public presentation of the award, and that appropriate publicity will be
given to this notable achievement. A press release is enclosed for your- use.
We appreciate your participation in GFOA's budget awards program. Through your
example, we hope that other governments will be encouraged to achieve excellence in
budgeting.
Sincerely,
/#: - xma/
Jeffrey L. Esser
Executive Director
SEPTEMBER 27, 1994 2
M M M
PROCLAMATION DESIGNATING OCTOBER 2-9,1994 AS NATIONAL
HOUSING WEEK IN INDIAN RIVER COUNTY, FLORIDA
Chairman Tippin read aloud the following Proclamation and
presented it to Tim Zorc, President of Treasure Coast Building
Association.
PROCLAMATION
DESIGNATING OCTOBER 2-9,' 1994
AS NATIONAL HOUSING WEEK IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, the home builders of our community are committed to
providing quality homes built with the best, most innovative
products that improve the -standard of living for all our
citizens; and
WHEREAS, the building industry of America has dedicated
itself to providing safe, decent and affordable housing for all
Americans; and
WHEREAS, an overwhelming majority of Americans view living
in good housing in a decent neighborhood as essential to their
family's well-being; and
WHEREAS, our citizens recognize that homeownership gives a
sense of stability and permanence and creates neighborhoods that
form the foundation of our community:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
October 2-9, 1994 be recognized as
NATIOAIAL HOUSING WEER
in Indian River County. The Board applauds the home builders of
our community for their dedication to the building of better
homes and improving the quality of life for our community.
Adopted this 27 day of September, 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
,41
,John W. Ti.ppin, 'lidirman
SEPTEMBER 27, 1994 3 r
BOOK PAL " 40
BOOK _ PAIL
CONSENT AGENDA
Commissioner Adams requested that Items B and D be removed
from the Consent Agenda for discussion.
A. Reports
The Minutes for Indian River Farms Water Control District from
10/14/93 through 06/02/94 were received and placed on file in the
Office of Clerk to the Board.
B. Award Bid #4095/CR510 and SR AIA Intersection Improvements
The Board reviewed a Memorandum dated September 14, 1994:
DATE: September 14, 1994
TO: - BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler,
CountyA inistrator
S.T. "Sonny" Dean,
Director
General Services
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid #4095/CR 510 & SR AlA Intersection
Improvements
Public Works Department
BACKGROUND INFORMATION:
Bid Opening Date:
August 10, 1994
Advertising Dates:
June 25, July 1, 1994
Specifications Mailed to:
Forty Two (42) Vendors
Replies:
Three () Vendors
VENDOR
BID TOTAL CORRECTED TOTAL
Ranger Construction
$782,466.25 $782,471.25
Ft Pierce, FL
Dickerson Florida Inc
$806,420.04
Stuart, FL
Martin Paving Company
$811,503.63 $810,907.99
Daytona Beach, FL
TOTAL AMOUNT OF BID
$782,471.25
SOURCE OF FUNDS District 1
- Road Improvement Fees - CR
510 & SR AlA Intersection, Account 101-151-541-ob?.11.
ESTIMATED BUDGET
$500,000.00
$250,000.00 FDOT
SEPTEMBER 27, 1994 4
RECOMMENDATION
Staff recommends that the bid be awarded to Ranger
Construction as the lowest, most responsive and
responsible bidder meeting specifications as set
forth in the Invitation to Bid. (See attached.
departmental memo and corrected tabulation sheet.).
In addition, staff requests Board approval of the attached
Agreement as to form, when all requirements are met and
approved by the County Attorney.
Commissioner Adams questioned the estimated budget of $500,000
and the amount expected from FDOT and Administrator Chandler
explained that the split is 75/25 with the State.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously awarded
Bid #4095 to Ranger Construction for improvements at
the CR-510/SR-A1A Intersection in the amount of
$782,471.25, as recommended by staff.
AGREEMENT IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
C. Award Bid #5002/Furnish & Install Sod
The Board reviewed a Memorandum dated September -8, 1994:
DATE: September 8, 1994
TO: BOARD OF COUNTY COMMISSIONERS _
THRU: James E. Chandler, County Administrator
B.T. "Sonny" Dean, Director
Department of General Service
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award Bid #5002/Furnish & Install Sod
Road and Bridge/Annual Contract
BACKGROUND INFORMATION:
Bid Opening Date: August 12, 1994
Advertising Dates: July 29, August 5, 1994
Specifications Mailed to: Fifteen (15f Vendors
Replies: '. Three (3)
BID TABULATION BID TOTAL
East Coast Sod & Landscaping $11,987.50
Ft Pierce, FL
R & R Turf Farms $14,820.00
Palm Bay, FL
R & G Sod Farms $ 11910.00
Lake Wales, FL Did Not Bid All Items
SEPTEMBER 27, 1994 5
BOOK j PAGE ��
BOOK ry
RECOMMENDATION:
1. Staff recommends that the bid be awarded to East Coast
Sod & Landscani g as the lowest, most responsible
bidder meeting specifications.
2. Establish an Open End Contract withast Sod &
La-- np.ilq with a not to exceed amount of 100 , 000.0 0
during the period October 1, 1994 thru September 30,
1995. Last year's expenditures were $89,700.00.
3. Authorize the Purchasing Manager to renew this contract
subject to satisfactory performance, zero cost
increase vendor acceptance, and the determination that
renewal Is in the best interest of the County. ',
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously awarded Bid
#5002 to East Coast Sod & Landscaping to furnish and
install sod in a not -to -exceed amount of $100,000 as
set out in the above staff recommendation.
CONTRACT WILL BE PLACED ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD WHEN PROPERLY EXECUTED
AND RECEIVED
D. Authorization to Submit FDEP Grant Application for an Indian River
County Boaters' Informational Brochure
The Board reviewed a Memorandum dated September 21, 1994:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Obert M. Rea i , AICZY
Community Devel pment irector
FROM: Roland M. DeBlois, AZCP
Chief, Environmental Planning
DATE: September 21, 1994
RE: Request for Authorization to Submit an FDEP Grant
Application for an Indian River County Boaters,
Informational Brochure
SEPTEMBER 27, 1994 6
It is requested that the data herein presented be .given formal
consideration by the Board of County Commissioners at its regular
meeting of September 27, 1994.
DESCRIPTION AND CONDITIONS
At .a recent Marine Advisory/Narrows Watershed Action Committee
(MANWAC) meeting, the Committee voted to direct staff to
investigate possible funding sources for producing an Indian River
County boaters' brochure. The main purpose of the brochure is to
provide boaters with an easy-to-use map (with explanation) relating
to manatee protection speed zones in the Indian River Lagoon.
Although the Indian River Lagoon National Estuary Program (IRLNEp)
is in the process of developing a lagoon -wide boaters' guide,
MANWAC members have discussed the need for a local, county specific
brochure for distribution at marinas and other locations.
The Florida Department of Environmental Protection (FDEP), Division
of Law Enforcement, has a Special Waterway Projects _Grant Program,
with an application deadline of September 30, 1994. The criteria
of the program are such that a County match for funding is not
required. MANWAC, at its meeting of September 19, 1994, voted to
recommend that the Board authorize staff to submit an FDEP grant
application for brochure funding.
Staff is requesting authorization to submit a grant application for
100% funding of a boaters' informational brochure, as recommended
by MANWAC.
ALTERNATIVES & ANALYSIS
A potential funding source alternative for a boaters' informational
brochure is the Florida Boating Improvement Program (FBIP) monies.
However, the.- -balance of these funds have -been substantially
allocated for improvements at the Blue Cypress recreational area
and Round Island Park West.
The FDEP Special Waterway Projects is a financial assistance
Program providing grants to serve the needs of public motorized
boating on marine and estuarine waters. Since Indian River County
is considered a relatively small county, no match will be required
for the grant. The grant does not have a funding limit.
A boaters' informational brochure would fit the following grant
.criteria:
Projects that are intended to promote boating quality
___and/or boating safety. This category can include
projects that improve navigation or correct navigational
hazards, reduce user conflicts, and projects that will
increase awareness and understanding of boating issues
and laws;
Projects that will increase public knowledge concerning
boating safety by generating materials for distribution;
Projects that will increase public knowledge concerning
access points for boaters; and
Projects that will reduce boating impacts to natural
resources.
SEPTEMBER 27, 1994 7
Staff estimates that design and production of the brochure (10,000
copies) would not exceed $51000.
RECOMMENDATION
Staff recommends that the Board of County Commissioners authorize
staff to apply for FDEP Special Waterway Projects funding for 100%
funding ($5,000) of an Indian River County boaters' informational
brochure.
Commissioner Adams wanted to make sure that this is not a
duplication of effort, and Mr. DeBlois responded that this is not
an overlap. He further explained that there is no need to act
immediately as this is a two-year grant and that staff will present
a draft of the brochure to the MANWAC committee for review.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the submission of the FDEP Grant Application for
funding 100% of the cost of an Indian River 'County
Boaters' Information Brochure, as recommended by
staff.
GRANT APPLICATION IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD
E. 58TH Avenue R -O -W Acquisition, Parcel #108
The Board reviewed a Memorandum dated September 19, 1994:
TO:_ ._ _ James E. Chandler
County Administrator
THRouax: James W. Davis, P.E.
Public Works Directo
FROM: Donald G. Finney, SRA
County Right -of -Way Agent CONSENT AGENDA
BUWECT: 58th Avenue Right -of -Way Acquisition; Parcel #108, Anngel
M. Bates
DATE: September 19, 1994
DESCRIPTION AND CONDITIONS
Additional right-of-way is required on 58th Avenue for the paving
improvement.project from Route 60 to Oslo Road.
SEPTEMBER 27, 1994 8
The property owner has executed a contract at the appraised value
of $14,900 per acre for the RS -1 zoned land.
The contract price is $1,788.00 for the .12 acre, 31' wide x
168.24' parcel. There are no appraisal or attorney fees.
RECOMMENDATION
Staff requests the Board of County Commissioners approve the
$1,788.00 purchase and authorize the Chairman to execute the
contract.
FUNDING
Funding to be from District 9 Traffic Impact Fee #101-159-541-
067.30. Reimbursement to be from Local Option 14� Sales Tax Revenue.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
purchase of Right -of -Way on 58th Avenue from Anngel
M. Bates, in the amount of $1,788, pursuant to
recommendations of staff.
CONTRACT FOR PURCHASE AND SALE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
F Release of Utility Liens
The Board reviewed a Memorandum dated September -14, 1994:
TO: BOARD OF COUNTY COMMISSIONERS
- - �2 - J2.FROM: Lea R— Reller, CLA, County Attorney's Office
DATE: September 14, 1994
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects are:
I. A -1-A North Beaches Water Special Assessment:
REYNOLDS
2. Green Acres Water Special Assessment:
WILDS
SEPTEMBER 279 1994 9 _
BOOK PGL _
BOOK GG •�
3.
Phase I Water
Special Assessment:
JOHNS
4.
Phase II Water Special Assessment:
WALZ
S.
Phase III Water Special Assessment:
COMMUNITY LAND
CORP./MIRABILE
DURPREE
HANNA
HOWES
JONES
KEENEY
LONG/SHEETS
LOSADA
MOORE
PETERSON
ROBERTO
ROTONDO
SMITH
6.
Royal Poinciana Water Special Assessment:
PERRY
7.
Shady Oaks Water Special Assessment:
GALYA/SILVA
8.
Summerplace Water Special Assessment:
McCARVER
SNYDER
S.
Satisfactions
of Impact Fee Extensions:
CROCKER
k'LLER13E
SMITH
WESTER
WELTON
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Releases of Utility Liens as recommended by
staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
G. Release of Utility Liens
The Board reviewed a Memorandum dated September 21, 1994:
SEPTEMBER 27, 1994 10
TO: BOARD OF COUNTY COMMISSIONERS-- —
o -a.
FROM: Lea R. Keller, CLA, County Attorney's Office
RE: RELEASE OF UTILITY LIENS
DATE: September 21, 1994
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects are:
1. Satisfactions of Impact Fee Extensions:
GILLARD LYNN
DELUCA MORRIS
2. Rockridge Sewer Project:
WALTRIP
3. Summerplace Water Project:
GROHNE
4. Phase III Water Project:
HUGHES TERRTi LL
TRIPOLI
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Releases of Utility Liens as recommended by
staff.
LIEN RELATED DOCUMENTS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
H. County Tax Deed Applications
The Board reviewed a Memorandum dated September 20, 1994:
TO: Hoard of County Commissioners
�.
FROM: Lea R. Keller, CLA, County Attorneys Office
THRU: Charles P. Vitunac, County Attorney
DATE. September 20, 1994
RE: COUNTY TAH DEED APPLICATIONS
The Clerk of the Circuit Court has notified us that there are eight
applications for tax deed sale on County -held certificates. Therefore, it is
necessary for the County to reimburse the Clerk for the sale expenses
on each certificate (shown on attached itemized letters).
Requested Action: Board authorize the payment of $1,563.60 to the Clerk of
the Circuit Court.
SEPTEMBER 27, 1994 11
BOOK UJ PAGE, 40�
BOOK FACE K
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the County Tax Deed Applications as recommended by
staff, and authorized payment of $1,563.60 to the
Clerk of the Circuit Court.
DEED APPLICATIONS ARE ON FILE IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA
I. Cancellation of Outstanding Taxes, Properties Purchased for County Use
The Board reviewed a Memorandum dated September 19, 1994:
TO: yBOO�A�RD� OF COUNTY COMMISSIONERS
FROM: __ Lea R. Keller, CIA, County Attorneys Office
THRU: Charles P. Vitunac, County Attorney
DATE: September 19, 1994
RE: CANCELLATION OF OUTSTANDING TARES
PROPERTIES PURCHASED FOR COUNTY USE
The County recently acquired Some rights-of-way, .and, pursuant to
Section 196.28, Florida Statutes, the Board of County Cohnmissionere is
allowed to cancel and discharge any taxes owed on the portion of the
property acquired for public purposes. Such cancellation must be done
by resolution of the Board with a certified copy being forwarded to the
Tax Collector.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-123 cancelling certain delinquent
taxes upon publicly -owned lands, pursuant to Section
196.28, Florida Statutes.
SEPTEMBER 27, 1994 12
Res R/W - Oslo Road (Parcel 128) siie�9atreeo�as,.oe "»`_13a
j,.., :arcel #28-33-39-00000-1000-00002.0
Communications International, Inc. -
RESOLUTION NO. 94-123
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TARES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public ,use= and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section -196.28, F.S.Z
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.R. Book 1032, Page 1898, which was recently acquired by Indian River County
for right of way purposes on Oslo Road, are hereby cancelled, pursuant to the
authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Bir d, and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Afire
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 27 day of September , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attests
Chai�an:�
(�7 Clerl ,;��-�� ohn W. Tipp
i pp
At%cNns' Dee 'C
§1"filn. Co AaDrovea DaleV
l n ,�,• ,
SEPTEMBER 27, 1994 13 1
BOOK 9 3 fAGE 40
•
n00K 03 PAGE 403
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-124 cancelling certain delinquent
taxes upon publicly -owned lands, pursuant to Section
196.28, Florida Statutes.
Rea R/W - Oelo Road (Parcel 131)
Z.'Parosl 928-33-39-00000-1000-00010.0
Trustees of Souse of God
RESOLUTION NO. 94-124
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
CANCELLING CERTAIN DELINQUENT TARES UPON
PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of County
Commissioners of each County to cancel and discharge any and all liens for
taxes, delinquent or current, held or owned by the county or the state,
upon lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States,
for road purposes, defense purposes, recreation, reforestation, or other
public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and
directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.; ,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
• K
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes, delinquent or current, against the property described in
O.A. Book 1032, Page 1844, which was recently acquired by Indian River County
for right of way purposes on Oslo Road, are hereby cancelled, pursuant to the
authority of section 196.28, F.S.
The resolution was moved for adoption by Commissioner Fggp rt
and the motion was seconded by Commissioner gird , and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 27 day of September , 1994.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
yIJ�/fJ � r
By
Cha rman
,�hn W. Tippin
SEPTEMBER 27, 1994 14
s � �
T. Resolution Cancelling Taxes Upon Publicly Owned Lands
The Board reviewed a Memorandum dated September 16, 1994:
TO: The Board of County Commissioners
FROM: c.1/C/ William G. Collins II - Deputy County Attorney
SUBJECT: A Resolution Cancelling Taxes Upon Publicly Owned Lands
DATE: September 16, 1994
A resolution has been prepared for the purpose of cancelling any delinquent
or current taxes which may exist on the following property acquired by
Indian River County for right-of-way purposes:
Right -of -Way acquired from Violet C. Colley dated August 5, 1994,
which right-of-way is fully described in that Warranty Deed recorded in
Official Record Book 1032, Pages 2026-2028, Public Records of Indian
River'County, Florida.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
Resolution cancelling certain taxes upon publicly owned lands, and the Clerk
to send a certified copy of same to the Tex Collector and Property Appraiser
• so that any delinquent or current taxes can be cancelled.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-125, cancelling certain taxes upon
publicly owned lands, pursuant to Section 19.6.28,
Florida Statutes.
RESOLUTION NO. 94-125
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, CANCELLING CERTAIN TAXES UPON
PUBLICLY OWNED LANDS, PURSUANT TO SECTION
196.28, FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County ,to cancel and discharge any and all
Hens for taxes, delinquent or current, held or owned by the county or the
state, upon lands heretofore or hereafter conveyed to or acquired by any
agency, governmental subdivision, or municipality of the state, or the United
States, for road purposes, defense purposes, recreation, reforestation, or
other public use; and
SEPTEMBER 27, 1994
15
BOOK 93 PAGE 404
BOOK 93 PAGE
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution,
proper officials of the county and of the state are authorized, empowered,
and directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F. S . ;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all
liens for taxes delinquent or current against the following described lands,
which were acquired for right-of-way from Violet C. Colley, are hereby
cancelled pursuant to the authority of section 196.28, F.S. •
See attached Warranty Deed describing lands,
recorded in O.R. Book 1032, Pages 2026-2028,
Public Records of Indian River County,
Florida.
The resolution was moved for adoption by Commissioner -Eggert ,
and the motion was seconded by Commissioner Bird , and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 27. day of September 1994.
Attest:
Je r Ba on, e
SEPTEMBER 27, 1994
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Jo 'W. T iip ,, whoarman
16
K. Miscellaneous Budget Amendment #027
The Board reviewed a Memorandum dated September 21, 1994:
TO:- _ _ Members of the Board DATE: September 21, 1994
of Counter Commissioners
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 027
CONSENT AGENDA
FROM: Joseph A Bair
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. This budget amendment is to establish a budget for the Land Acquisition
Fund 125.
2. The Board of County Commissioners agreed to allow the Sheriff to keep any
amount over $200,000 collected for housing offederal prisoners to pay off his
automobile leases.
3. This establishes a budget for the Multi -Jurisdictional Special Law
Enforcement Trust Fund
4. This increases the Optional Sales Tax budget to cover the anticipated cost of
the Courthouse construction project.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment
027.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
Miscellaneous Budget Amendment 027:
SEPTEMBER 27, 1994
17
BOOK 93 PAGE 406
BOOK 93 PAGE 407
TO: Members of the Board BUDGET AMENDMENT: 027
Of County Commissioners
FROM: Joseph A.Bair DATE: September 21 1994
OMB Director
SEPTEMBER 27, 1994 18
Decrease
$0
$0
$0
$0
$0
$0
$0
$0
Entry
Number
PundsJDepartment/Accowrt Name
Account Number
Increase
1.
REVENUE
LAND ACQUISITION
Revenue Debt Proceeds
125-000-384-010.00
$75,000
EXPENSE
LAND ACQUISITION
Professional Services
125-146-539-033.19
$75,000
2.
REVENUE
GENERAL FUND/Sheriff
001-000-34.1-052.00
$200,000
EXPENSE
GENERAL FUND/Sheriff
Law Enforcement
001-600-586-099.04
$200,000
3. REVENUE
MULTI -JURISDICTIONAL LAW
ENFORCEMENT/ConSscatedProperty
EXPENSE
126-000-351-020.00
-$15,000
MULTI -JURISDICTIONAL LAW
ENFORCEMENT/Contingencies
126-600-581-099.91
$15,000
4. REVENUE
OPTIONAL SALES TAX/
315-000-189-040.00
$1,500,000
LDebtProceeds
ONAL SALES TAX/Construction
o Progress ' _ 315-909-516-066.51
$1,500.000
SEPTEMBER 27, 1994 18
Decrease
$0
$0
$0
$0
$0
$0
$0
$0
L. Annual Cooperative Forestry Report/City of Vero Beach and Indian
River County
The Board reviewed a Memorandum dated September 20, 1994:
Annual Cooperative Forestry Report
City of Vero Beach and Indian River County
September 20, 1994
As required under the provisions of the county contract, Sections 589.23 - 589.34 Florida
Statutes, an annual report is submitted each fall to cover the work undertaken during the past
fiscal year. As the Vero Beach/Indian River County Forester I submit this report of my activities
during the period July 1, 1993 to June 30, 1994.
The 93/94 reporting year marks the 21st full year in which Vero Beach/Indian River County
residents have received the assistance of a foreater from the D.A.C.S. Division of Forestry. This
Past year also marks my sixth full year of service to -the residents of this County. The following is
a listing of projects and programs I became involved with this past year:
Tree City U.S.A.
Urban Forester Feature Articles, Press -Journal
Information Bulletins for City/County Staff
Forest Stewardship Program
S.B.A. Tree Planting Chant Program
America the Beautiful Grant Program
Newborn Seedling Project
Tree Farm Program
Tree Commission Seedling Sale
Incident Command Training to IRCFR
FFA Forestry Training
Summer Environmental Camp Scholarship Program
Arbor Day Programs
Rural Landowner Prescribe Burning Assistance
Indian River Lagoon Envirothon
Over the last year I made 1,352 assists to City and County residents, civic groups, schools,
etc.. Total hours devoted to these assists were 1,763. The number of assists represents a 33%
increase over last year's total. The number of hours shows a 1% increase over last year.
My activities, broken down by our reporting categories, were as follows:
A. Incidentals - 145 hours - 86/o
1. Incidental assists (telephone calls, correspondence, visitors to my office or assistance not
requiring a field visit): 647 assists.
2. Forest Ranger assistance to Forester: 4 assists.
B. Division of Forestry assists - 35 hours - 20%
1. Assists to Division personnel: 35 hours.
C. Personnel Training and Development - 279 hours - 16%
1. Training provided: 47 hours.
2. Training received: 232 hours
SEPTEMBER 27, 1994
19
BOOK P,E 408
500K W PAGE 409
D. Meetings - 195 hours - 11%
1. General: 39 meetings.
2. State and Federal: 6 meetings.
3. Professional and social: 1 meeting.
4. Staff. 8
E. Wildland Fire Control -172 hours -10%
1. Fire control activities (Includes a 10 day assignment to a fire in Pasco County during
March of this year. Does not include federal fire assignments out of the State of Florida
since Division personnel are required to utilize annual or compensatory leave for those
assignments.): 30 assists, 172 hours.
F. Urban Forestry Assistance - 536 hours - 30%
1. Tree City U.S.A.: 1 recertification.
2. Beautification plans: 9 assists, 6 plans.
3. Beautification projects: 17 assists, 201 trees and shrubs.
4. Shade and ornamental tree advice (assists requiring a field visit): 346 assists.
5. Tree removal assists: 16 assists.
6. Champion tree program: 2 nominations and assists.
7. Comprehensive planning: 1 assist.
S. Environmental impact studies: 9 assists.
9. Developer assists: 12 assists.
10. Tree protection ordinance assists: 6 assists.
G. Information and Education -142 hours - 81/16
1. Newspaper, magazine interviews: 4 interviews.
2. Written material prepared: 23 articles. _
3. Conservation education: 6 assists
4. Speeches: 6 speeches.
5. Environmental education classes: 9 assists.
6. Exhibits, field demonstrations: 2 exhibits.
7. TV, radio feature programs: 2 programs.
B. Radio, TY urterviews: 2 interviews.
R Rural forestry assistance - 259 hours - 15%
I. Referrals to consultants: 3 referrals, 161 acres.
2. Multiple use management plans: 3 assists, 2,200 acres.
3. Forest management plans revised: 6 plans, 5,895 acres.
4. Tree planting prescriptions: 2 prescriptions.
5. Diagnosis or reconnaissance: 7 assists, 6,801 acres.
6. Private non -industrial landowner contacts: 32 assists.
7.. Access road and trail construction 1 assist.
8. Prescribed burning plans: 1 plan, 2,100 acres.
9. Fire hazard reduction 9 assists, 9,325 acres.
10. Forest product utilization: 2 assists.
11. Seed collection: 4 assists, 300 bushels collected (South Florida Slash Pine).
12. Tree Farm inspections: 1 certification.
SEPTEMBER 27, 1994 20
Should you have any programs or projects that I might assist you on do not hesitate to contact
me.
Sincerely,
BOB CRAWFORD
CO IONER OF kGRICULTURE
Tim Elder
Indian River County Forester
Florida Division of Forestry
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously accepted
the report of Indian River County Forester Tim
Elder, Florida Division of Forestry for the period
from July 1, 1993, to June 30, 1994.
M. Proposed Jungle Club Road Race
The Board reviewed a Memorandum dated September 13, 1994:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: J. William Strange, P.E. -
County Traffic Engineer
SUBJECT: Proposed Jungle Club Roa iRace
October 8, 1994
DATE: September 13, 1994
The Vero Beach Jungle Club has requested permipsion from the Board of
County Commissioners to hold a 5k road race on state and county roadways
on Saturday, October 8, 1994, at 7:45 AM, for the benefit of the "March
of Dimes" fund.
The entire race, from start to finish, is projected to take 40 to 45
minutes with all participants being in a "moving envelope" of official
Sheriff's Department vehicles. The race will start, and end, at the
Jungle Club on 6th Avenue and utilize short segments of 6th Avenue, 17th
Street,"Indian River Boulevard and 8th Street.
SEPTEMBER 27, 1994 21
BOOK W PAGE410,'
BOOK 93 PAGE 411
Since this race will take place along short segments of state and county
roads and partially falls within Vero Beach city limits, insurance
coverage holding the Florida Department of Transportation, Indian River
County, and the City of Vero Beach harmless must be in hand prior to
receiving final permits for this event.
Given the proposed time, short duration of the event, and uniformed
officers, for the control of the envelope, the race can be accomplished
in a safe and efficient manner.
The request for approval from the Indian River County Board of County
Commissioners to hold the Jungle Club Road Race is the
proposal
Board at this time. The following conditions shall aPPpY=y:before the
a) The Vero Beach Jungle Club provide Indian River County with hold
harmless insurance documents carrying Indian River County,
Florida Department of Transportation and the City of Vero Beach
prior to issuance of the required permit.
b) The race course shall be in accordance with the route as
specified by the Jungle Club, starting at the Jungle Club north
on 6th Avenue to 17th Street (SR 656), east along the south side
of eastbound 17th Street to Indian River Boulevard, south to 8th
Street along the west side of Indian River Boulevard, on sth
Street to 6th Avenue, north to the finish line at the Jungle
Club.
c) Law enforcement vehicles and uniformed personnel shall be
present for the purpose of establishing the race envelope and
traffic control.
d) All required roadway and race permits will be secured.
e) Jungle Club volunteers implement proper traffic control using
cones provided by Indian River County and uncovering the signs
installed by Indian River County Traffic Engineering. The cones
may be borrowed on Friday -October 7, 1994, by the Jungle Club
and returned to Indian River County on Monday Odtober 10, 1994.
Immediately after the race, the road signs shall be covered by
Jungle Club volunteers.
Staff recommends that the Board of County Commissioners approve their
request.
Indian River County Traffic Engineering personnel will install the
necessary signs on Friday, October 7, 1994 and will remove the said signs
on Monday, October 10, 1994.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the Jungle Club Road Race with the conditions set
out in staff's recommendation.
SEPTEMBER 27, 1994 22
N. Housing Authority Budget Amendment #028
The Board reviewed a Memorandum dated September 27, 1994:
TO: Members of the Board
of County Commissioners
DATE: September 27, 1994
SUBJECT: HOUSING AUTHORITY BUDGET AMENDMENT 028 -
EMERGENCY AGENDA
FROM: - Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
The Housing Authority has not receiving a $15,000 recreation/culture grant they had budgeted.
Presently, the budget office is estimating the Housing Authority will need $20,000 to complete the
year. The attached budget amendment transfers from General Fund Contingency for the shortfall.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment
028.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird; the Board unanimously approved
Housing Authority Budget Amendment 028:
SEPTEMBER 27, 1994 23 _
9Q�� � PAGE
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
boos 93 Pau
BUDGET AMENDMENT: 028
DATE: September 27, 1994
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
REVENUE
HOUSING AUTHORITY/Other Culture
107-000-334-079.00
$0
$15,000
Funds Transfers In
107-000-381-020.00
$20,000
$0
EXPENSE
GENERAL FUND/Fund Transfers Out
001-199-581-099.21
$20,000
$0
Reserve for Contingency
001-199-581-099.91
$0
$20,000
HOUSING AUTHORITY/Other Current
Charges Obligations
107-226-554-034.99
$5,000
$0
SEPTEMBER 27, 1994 24
PIPER AIRCRAKr BANKRUPTCY
Property Appraiser David Nolte advised the Board regarding his
discussions on hiring an additional attorney to handle the Piper
Aircraft bankruptcy matter. Mr. Nolte advised that additional fees
will have to be paid out of his budget which requires an amendment*
to the budget. He believed that the fee to defend this action will
be in the area of $20,000.
Commissioner Adams inquired how the figures were computed and
Mr. Nolte advised that, under the applicable statute, the Mosquito
Control District, the Hospital District, and other districts pay a
portion and the County pays approximately 82%. The School Board
does not contribute because years ago the Legislature decided that
education should not participate in�these actions.
Commissioner Bird asked if the problem could be worked out
between the parties, and Appraiser Nolte replied that he will do
everything he can to settle the matter.
Tax Collector Karl Zimmerman related that his office has been
represented by a bankruptcy attorney for this matter since 1991.
About 6 months ago, he was told by Piper's attorney that they were
going to court to challenge the assessments. Whenever the Tax
Collector is challenged relative to assessments, the Property
Appraiser is noticed and made a party, as well as the Department of
Revenue. The Board has been supplied with copies of the testimony
and the judge's decision to allow Piper to make a presentation in
court. Piper has approval to spend up to $74,000 for this
presentation to challenge the assessments in addition to the
$25,000 already spent. A pre -hearing is scheduled for November 7,
1994. Both the Tax Collector and the Property Appraiser will
defend the assessments, interest and penalties which are part of
the lawsuit. Mr. Zimmerman advised that the pre-petition
certificates as of September, 1994, are $1,185,644.73 and the post-
petition uncollected taxes for 1990 through 1993 intangible and
1991 through 1993 real estate, for which no certificates have been
sold, are $2,353,580.30. The first figure was paid to the Tax
Collector because the County sold tax certificates. If the Court
reduces the liability on the certificates, the certificate holders
must be made whole. The certificates have a 7 year life and they
do not age while in bankruptcy. The second figure is uncollected
taxes which have been billed and never collected and will be paid
by taxpayers in the community if not paid by Piper.
SEPTEMBER 27, 1994 25A 4
RooK 3 PAGE 15
Commissioner Macht emphasized that it is in the community's
best interest that Piper remain in business and continue to
operate.
Commissioner Eggert asked what happens if the interest rate
should be lowered.
Tax Collector Zimmerman replied that the certificate holders
have a guaranteed rate of not less than 8%. If the court reduces
the rate below 8%, the difference between the actual reduced rate
and the guaranteed rate of 8% must be made up by the taxing
authority because the certificate holders are guaranteed at least
80.
Chairman Tippin invited Chuck Suma, president of Piper
Aircraft, to express his observations.
Chuck Suma told the Board that Piper is working very hard to
come out of the bankruptcy. They are not here to persuade the
Board to hire an attorney and they realize this is a difficult
issue to deal with.
Piper is asking for a review of the assessments and a
reduction in the interest rate. If there is no reduction, it will
create a lot of hardship. They have tried to negotiate a
settlement, but it seems the only way to resolve the issue is to go
to court. The judge will not allow them to pay the taxes until the
issues are resolved. They had to hire appraisers and there could
be a $600,000 to $700,000 difference in assessed value. They are
trying to be good citizens of Vero Beach and Indian River County,
but their creditors are people across the United States, not just
local people:
Commissioner Eggert felt that while Karl Zimmerman and David
Nolte are working with Piper, the Board needs to assure the
taxpayers that it is trying to protect them also.
Mr. Suma understood that the Board must do what is best for
the taxpayers and assured the Board that Piper is not trying to
shirk its responsibilities. If the issues cannot be resolved, the
parties will end up in bankruptcy court and a decision will be made
based on the facts.
Commissioner Macht inquired whether a settlement could be
'reached today, and Mr. Nolte responded that an offer was made to
settle and that the total difference is $300,000. Mr. Nolte felt
that a way could be found to settle if the additional $70,000 were
thrown into the pot.
Chairman Tippin remarked that Vero Beach has been proud of
Piper and the Board wishes --Piper success in the future.
SEPTEMBER 27, 1994 26
M M r
Tax Collector Zimmerman advised that he has reviewed the
matter with the Department of Revenue, and the Department has made
it clear that the Tax Collector has no authority or responsibility
to negotiate reductions in assessments.
Appraiser Nolte stated that we have two issues to negotiate,
assessed value and the interest rate. If the matter of the
assessments can be resolved, the issue of the interest rate may
affect whether an attorney should be hired.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved an
amount of $18,000 to $20,000 to be budgeted to allow
the hiring of a proper attorney.
OBJECTION TO AWARD OF BID #4100/ADVANCED WATER
ENGINEERING INC.
1994:
The Board reviewed a letter received by FAX on September 20,
GAMY B. MACK
AT7011NKV AND C"HO <I." AT LAN
INTO PALM sly ROA* Na117NW7
PALM SAY. PLDRIDA "M
Board of County Commissioner's
Indian River County, !Florida
2625 19th Avenue
Vero Beach, Florida 32960
Attne Mr. Jim Chandler
Via'fraxs 1-407-770-5095
Re: Advanced Water Engineering, Inc.
Sid #4100
Dear Mr. Chandlers
TowmDNa ow) 7!7.1111
PAQNNUA WWI ft7-14M
Confirming my phone conversation with you of this afternoon, on
behalf of my client, Advanced Water engineering, Inc., i request
that I be placed on the commission's September 27, 1994 agenda,
regazdiny the above -referenced bid, in objection to award of the
bid to All -Right Water Conditioning, instead of to Advanced Water
Engineering, inc.
Please confirm that this
September 27, 1994, and do me
matter will
the
be
on the agenda of
place and time of the meeting,
courtesy
and my place
of
on
advising me of the
the agenda.
Thank you for your attention to this request.
very truly yours,
/40Tw�iC.
Gary B. Back, Esq.
cc: Client
SEPTEMBER 27, 1994 27 a
,400Kj PAGE 416
k00K J 3 PAGE 1 7
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Attorney Gary B. Sack, representing Advanced Water
Engineering, Inc., in Palm Bay, notified the Board that his client
is qualified to do the job specified in Bid -#4100 pursuant to the
invitation to bid. His client submitted the lowest bid on the
project and the bid was in accord with all requirements. His
client's bid was recommended by the Purchasing Department, the
Utilities Director, and General Services Director Dean, but for
some reason was not accepted. The Board awarded the contract to
another bidder with a substantially higher bid. That company was
not fully qualified according to the conditions in the bid. Mr.
Sack stated that the bid should be awarded to Advanced Water
Engineering, Inc. at this time, if that is able to be done. His
client is ready to do the work for Indian River County. If that
cannot be done, the client would be entitled to an award of damages
and they will bring the matter to Court for disposition, but they
would prefer to receive the contract.
Administrator Chandler responded that bids were presented
August 2, 1994, and a determination was made that it served the
County's best interest to award the bid to a local company. The
project is close to being completed and there is no question that
All Rite Water Conditioning was qualified.
Commissioner Adams reminded the Board that there were two
parts to the bid, and General Services Director Dean further
explained that the bid called for a single tank or duplex tank
system. Advanced Water Engineering, Inc. bid a single -and a duplex
tank system. All Rite Water bid a duplex and a quad tank system in
which the duplex price of All Rite matched the single price of
Advanced and the quad price of All Rite matched the duplex price of
Advanced. The system will be in operation this week. A 4 -tank
system was installed to service the jail with no increase in cost
of operation.
County Attorney Charles Vitunac advised that Section 103.03 of
the County Code states the County Commission does not have to
accept any bid, nor choose the low bid. The award should go to the
bidder in the best overall interest of the County, and the Board is
required to state the reason for awarding the bid. The Board made
a statement regarding the use of a local bidder, which meets the
test of the County's code, and there is no applicable state law.
SEPTEMBER 27, 1994 28
M M M
Commissioner Adams recalled thatttshe made the motion to go
with the local bidder and will recommend this practice when
possible. Commissioner Adams pointed out that All Rite's quad
system was less than Advanced's bid on the duplex system.
Mr. Sack said that there was nothing in the invitation to bid
that dealt with the quad system. He disagreed with Attorney
Vitunac's opinion that the Board could make an award on the basis
of something other than the lowest bid. He felt that using local
contractors was an invalid basis to discriminate between bidders
and advised the Board that his client is a national and
international facility located 15 minutes from Vero Beach in Micco.
The Chairman asked if anyone else wished to be heard in this
matter. There being none, he closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously voted to
deny the appeal of Advanced Water Engineering, Inc.
regarding the award of Bid #4100.
ADMINISTRATION BUILDING CAFETERIA
The Board reviewed a Memorandum dated September 16, 1994:
DATE:-- SEPTEMBER 16, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS -
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
BUBJECT: ADMINISTRATION BUILDING CAFETERIA
BACKGROUND:
Attached is a petition which contains a 120 names of the
approximately 270 employees who work in the County Administration
Building. The petitioners are requesting action by the Board to
terminate the existing lease with the Division of Blind Services
and contract for qualified food service providers for the public
and employees of the County.
The following is a brief history of the County's relationship with
Blind Services:
SEPTEMBER 27, 1994 29
ROOK FA U
A
On December 20, 1979, the Indian River County Board of County
Commissioners entered into an agreement for the Division of Blind
Services, State of Florida, to sell food products, coffee, cold
drinks, etc. in the County Administration Building. Mr. Gary
Metzler operated this business until he retired the first of this
year.
In February of 1993, the service in our cafeteria area had
deteriorated and so many people were complaining that this writer
telephoned the Bureau Chief for Blind Services in Tallahassee and
complained about the level of service we had been receiving. I was
informed that action would be taken immediately to rectify -the
problem. The following day, District Manager, Terry Jones called
to inform me he had talked with Gary Metzler and we would see a
improvement in service. However, over a period of time the service
did not improve and if anything there was a further deterioration.
In July of 1993, this writer wrote a letter to the Division in
Tallahassee and gave them thirty (30) days to upgrade the service
or I would request the Board of County Commissioners cancel their
lease. Within a few days representatives from Tallahassee along
with Mr. Jones were in my office to assure me that appropriate
changes would definitely take place. Some improvement was made but
not to the capacity to where it should have been.
However, in March of 1994, Gary Metzler retired and Blind Services
advised they were hiring a part time individual to fill in until
such time as a person meeting the requirements of Blind Services
could be hired to take the job.
On March 28, 1994, Ilse "Cricket" Brown was employed to fill the
vacant position with the understanding that she would be temporary
until a qualified blind person could be located to take over the
food service. She did a very good job during her tenure.
Approximately a month ago, Terry Jones was in my office to meet
with myself And the new person, who was partially blind, thathad
been hired to fill the position. However, the person did noshow
up that day. Mr. Jones called later and advised that the person
they hired had drawn advance monies from the State to move on but
had not been heard from since.
About two weeks ago a lady, April Heats was hired temporarily by
Blind Services to keep the cafeteria going until such time as
another qualified person could be employed. This isY'G the
operation is at this time and information has not beeneived
from Mr. Jones as to how long it will take to get someone in a
permanent status.
Staff is requesting guidance from the Board as to the direction
they wish to proceed with this matter.
SEPTEMBER 27, 1994 , 30
General Services Director Sonnyyr-Dean presented a petition
signed by 120 out of 270 County employees requesting that the Board
terminate the existing lease with the Division of Blind Services to
operate the cafeteria in the Administration Building and to
contract for qualified food service providers for the public and
employees of the County. The petition also presented a brief.
history of the events since 1979 when the lease was originally
entered into. Director Dean advised that service has deteriorated
and the Division of Blind Services has been promising to fix the
problem for some time, without success.
Commissioner Adams pointed out that the cafeteria is an
integral part of the building and perhaps this is a good time to
set up a small committee regarding the operation of the cafeteria.
Commissioner Bird felt termination of the lease with Division
of Blind Services is justified because the level of service has
deteriorated. He inquired whether kitchen equipment would have to
be purchased.
Commissioner Macht felt it is in the best interest of the
County's taxpayers to have an adequate cafeteria operation as it
allows the County's employees to remain under one roof in case they
are needed.
Administrator Chandler reminded the Board that the Division of
Blind Services also would be eligible to bid.
Director Dean explained that the present equipment belongs to
the Division of Blind Services and the County cannot provide
equipment for cooking because of fire regulations.
The Board directed Director Dean to wait for proposals prior
to notifying the Division of Blind Services that the lease will not
be continued.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously requested
staff to prepare a plan for operation of food
service in the Administration Building Cafeteria and
come back before the Board with recommendations.
REQUEST FOR COUNTY TO ACCEPT ROADS FOR MAINTENANCE
The Board reviewed a Memorandum dated September 20, 1994:
SEPTEMBER 27, 1994 31
800K bi PA E' '6+
BOOK Phu 421
TO: _ James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for County to Accept the Following
Roads for Maintenance
1) 104th Avenue from 81st Street to
80th Street - Vero Lake Estates
Subdivision
2) 100th Court from 91st Street to
92nd Street - Vero Lake Estates
Subdivision
3) 105th Avenue from 86th Street to
87th Street - Vero Lake Estates
Subdivision
REF. LETTERS: Property Owners along above subject
street to Jim Davis
DATE: September 20, 1994 FILE: 10010410.AGN
DESCRIPTION AND CONDITIONS
Property owners in Vero Lakes Estates Subdivision have requested
the County to assume maintenance and grade the following local
roads:
104th Avenue from 81st Street to 80th Street
100th Court from 91st Street to 92nd Street.
105th Avenue from 86th Street to 87th Street.
Staff has performed the acceptance analysis and the following
results are applicable:
104th Avenue 75 Points
1 -00th Court 75 Points
105th Avenue 90 Points
ALTERNATIVES AND•ANALYSIS
104th Avenue and 100th Court currently are in need of major
right-of-way clearing and construction of a stabilized roadway.
It is estimated that each road will require 150 cubic yards of
shell/marl at a cost of $450 each. In addition, clearing of
trees and vegetation in the right-of-way is required. It is
estimated that a cost of $1000 per street will be applicable.
The rapid development ongoing in the Vero Lakes Estates area is
creating increased demand for road grading. Fortunately, the
subdivision is a consolidated area with it's own established
grader route.
It is recommended that the above three roads be accepted for
maintenance and included in the Vero Lakes Estates motor grader
route. Funding to be from Road & Bridge Division Fund 111-214.
SEPTEMBER 27, 1994 32
� � r
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
acceptance of 104th Avenue from 81st Street to 80th
Street, Vero Lake Estates Subdivision; 100th Court
from 91st Street to 92nd Street, Vero Lake Estates
Subdivision; and 105th Avenue from 86th Street to
87th Street, Vero Lake Estates Subdivision for
maintenance pursuant to recommendations of staff.
REQUEST FOR PERMIT APPLICATION FOR MAINTENANCE
DREDGING OF VERO SHORES CHANNEL
The Board reviewed a Memorandum dated September 21, 1994:
TO: James E. Chandler,
-- _ - County Administrator
tOUGH: James W. Davis, P.E.,
Public Works Director
FROM: Don G. Donaldson, P.E., Coastal Engineer N�;,;�-
SUBJECT: Request for Permit Application for Maintenance
Dredging of Vero Shores Channel
DATE: September 21, 1994 FILE: v -SHORES . AGN
.' •,• � _I 1, • ►.moi •
Mr. Dan Richards, president of Vero Shores Homeowners Assoc., has asked the Public
Works Department to file permit applications with the state and federal regulatory agencies
for the maintenance dredging of their entrance channel. The subdivision has a series of
canals that are dedicated to the county. These canals are connected to the intracoastal
waterway by the entrance channel which is located on state submerged lands within the
Indian River Lagoon. Sediment buildup within the entrance channel is restricting access
to the intracoastal waterway and has become a navigational hazard to larger boats..
The- Vero Shores Homeowners will be responsible for all permit application fees,
construction costs, environmental monitoring during construction and environmental
mitigation (if any). The county shall provide engineering, surveying and administrative
oversight for the permitting of the project. Because the county is the permittee, the county
shall require a contract with the homeowners association prior to construction. This
contract will require a bond, an indemnification clause and shall provide the county with the
right to approve the contract between the Vero Shores Homeowners Assoc. and the
dredge contractor.
Staff has estimated that the time to secure all the permits is one year. The estimated staff
time this project will require over the next 12 months is as follows:
Coastal Engineer
Engineering Technician/Drafting
Survey (3 man Crew)
Survey (office)
SEPTEMBER 27, 1994
19 Days
6 Days
5 Days
8 Days
33
MOK rAGE 412"
The Public Works Department has the resources and can make the time available for this
Protect. The immediate gain of this project is to insure higher properties values within the
Vero Shores subdivision. In addition, staff remains interested in findina
public boating access via the subdivision canals. g way to provide
ALTERNA IVES AND l�i1TALYSIS
The alternatives are as follows:
Alternative No. 1
Authorize staff to apply for a maintenance dredge permit for the Vero Shores
subdivision entrance channel.
Alternative No 2
Deny the request.
RE M aMM&TIONS AND F[Il`'DING
Staff recommends that the board grant the Vero Shores Association's request and
.authorize staff to apply for a maintenance dredge permit. No additional expenditures are
expected.
Commissioner Adams inquired whether there is any public boat
access.
Public Works Director Jim Davis explained that the canals are
dedicated to the public but there is no public access. The Vero
Shores homeowners will pay for the maintenance and all pertinent
fees and costs.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff -to apply for a maintenance dredge permit, as
requested by Vero Shores Association.
COUNTY ROAD INTERSECTION EMPROVEMENT PROTECT
The Board reviewed a Memorandum dated September 20, 1994:
TO: James E. Chandler,
County Administrator
TBROIIGS: James W. Davis, P.E.,
September 20, 1994
Public Works Directo
FROM: J. William Strange, P.E.,
County Traffic Engineer
SUBJECT: County Road Intersection Improvement Project
Work Order No. 1
SEPTEMBER 27, 1994 34
DESCRIPTION AND CONDITIONS
Kimley-Horn was the highest ranked consultant after completion of
the selection process for the Intersection Improvement Program.
The first project in the program is the improvement of CR510 at
US1. The project will provide safety and capacity improvements at
this key intersection.
Staff has negotiated a work order fee of $45,000 for this project.
Additional intersections are to be studied as part of the work
performed under the terms of the general contract attached to this
work order. All additional projects will require approval of
additional work orders by the Board of County Commissioners.-
It is recommended that Work Order No. 1 be approved. Also, the
attached Master Agreement should be approved and executed.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Work Order No. 1 with Kimley-Horn for the County
road intersection improvement project and approved
the Master Agreement with Kimley-Horn and
Associates, Inc. as recommended by staff.
AGREEMENT AND CHANGE ORDER NO. 1 ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
MURPHY DEED RESERVATIONS
The Board reviewed a Memorandum dated September 21, 1994:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E
Public Works Director
FROM: Roger D. Cain, P.E.
County Engineer
SUBJECT: Murphy Deed Reservations ' r
/ DATE:
September 21, 1994
SEPTEMBER 27, 1994 35 ID
BOOK FAGS dei,
BOOK W PAGE 425
In the spring of this year, the Board authorized a Request for Proposals to provide a sketch and other
documentation showing right-of-way that results from deed reservations in Murphy Act lands in
Indian River County. Although the RFP was sent to 23 vendors, only 2 proposals were received.
The proposal from Steven Lulich, Esq, proposed to provide the requested information for
$150,000.00, plus costs. The second proposal which the selection committee considered far superior
was received from Atlantic Coastal Title Corporation and proposed a cost of $65,000.00.
Since both bids were far in excess of the $20,000.00 amount that the County had budgeted for the
work, the selection committee (Cain, Collins, p!Bn®) researched various sources of information
that may lower the cost of the project, and discussed a revised scope of work with the lowest and
best bidder, Atlantic coastal Title Corporation. By eliminatingfrom the
proposal the ruirent
of mapping all releases of reservation, we believe that Atlantic Coastal Title Corporaon willbeable
to deliver a useful work product to the County within the amount of funds budgeted.
Authorize the selection committee to negotiate a contract containing a more limited scope of work
with Atlantic Coastal Title Corporation, and bring the resulting contract back to the Board for final
approval.
Funding will be from Engineering Division other professional S
033.19. ervices Account No. 111-244-541 -
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the selection committee to negotiate a
contract with Atlantic Coastal Title Corporation and
bring it back to the Board for final approval.
REUSE WATER TRANSMISSION LINE - TOBEAR C.O. #1
DATE:
The Board reviewed a Memorandum dated September 15, 1994:
15, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA
FROM: TERRANCE G. PI
DIRECTOR OF UTILI SERVICES
PREPARED ROBERT 0. WISEMEN, P.E.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT REUSE WATER TRANSMISSION LINE
INDIAN RIVER COUNTY PROJECT NO. US -92 -22 -ED
CHANGE ORDER NO. 1 AND FINAL PAYMENT REQUEST
_ J
SEPTEMBER 27, 1994 36
BACKGROUND
On May 10, 1994, the Indian River County Board of County
Commissioners approved and awarded the above-mentioned project to
Jobear, Inc., to construct a reuse transmission main. Construction
has been completed. The engineer sent a letter of certification and
completion to the Florida Department of Environmental Protectiop.
The contractor has made application for final payment including
Change Order No. 1 (see attachments).
ANALYSIS
The original contract amount for the project was $627,930.50.
Change Order No. 1 lists all changes during the period of
construction with the reason for each of the change orders.- The
change orders result in a reduction to the original contract in the
amount of $8,148.24, which adjusts the new contract amount to
$619,782.26. The previous payments made to the contractor to date
are in the amount of $534,535.04, leaving a balance (including
retainage) of $85,247.22.
RECOMMENDATION _
The Department of Utility Services recommends approval of Change
Order No. 1 for a decrease of $8,148.24 and the final payment
request of $85,247.22 as payment in full for services rendered to
Jobear, Inc.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Change Order No. 1 and final payment request for
services to Jobear, Inc. as recommended by staff.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
"PUBLIC SAFETY DAY" GOLF OUTING
The Board reviewed a Memorandum dated September 26, 1994:
TO: B and of County Commissioners
FROM: Char es . rt nac - unty Attorney
DATE: September 26, 1994
RE: COMPLIMENTARY "PUBLIC SAFETY DAY" GOLF OUTING
John's Island Club, Inc. each year extends an invitation to all membors
of public safety organizations to a complimentary "Public Safety Day"
golf outing (copy of_ invitation attached). This office was asked if it
was permissible for Indian River County public safety employees to
accept this free golf outing. It was determined by staff that the
employees could not accept this free offer under the County Code of
Ethics . A copy of this opinion is attached.
In the opinion it was stated that we would bring this staff opinion to
the Board to see if this is the type of activity the Board wanted to rule
out. Your direction is requested.
SEPTEMBER 27, 1994 37
BOOK U3 PAGE446
Boa 93 PAS E ? 7
County Attorney Vitunac advised that although the ethics code
prohibits participation by County employees, the employees asked
for the Board's opinion as to the intent of the code.
Commissioner Bird felt a question could arise as to the
monetary value of the golf outing to employees, and Commissioner
Macht added that it would make a difference if it were a charitable
institution.
Chairman Tippin announced that the consensus is that the Board
will look into -the matter further.
GENERAL ORGANIZATION INFORMATION BOOKLET
The Board reviewed a Memorandum dated September 20, 1994:
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
John W. Tippin, Chairman
September 20, 1994
Approval of General Organization Information Booklet
Attached is General Organization Information to be made available
to the general public and/or governmental departments.
I respectfully ask your approval of this document, and reprinting
of same.
Chairman Tippin opened discussion regarding the General
Organization Information Booklet prepared by Executive Aide Alice
White. Ms. White advised that she had worked on the booklet for
about 3 months. A consensus was reached that the booklet would be
produced in-house for distribution to the general public and
governmental departments upon request.
STATUS OF OCCUPATIONAL LICENSES
Commissioner Eggert led discussion regarding occupational
license fees.
• OMB Director Baird advised that there are 2 issues involved
which are in the process of being simplified so that a resident of
the City would only be responsible for a City occupational license
and a county resident would only be responsible for a county
occupational license. Director Baird expected that the City will
announce their fee schedule soon and the County can decide on a fee
schedule in time for the next cycle which begins September, 1995.
SEPTEMBER 27, 1994 38
s � �
Commissioner Eggert reminded the Board that the County
committee recommended a flat fee of $40 per license. She felt that
this is preferable to a complex system of license fees based on
size or volume of business.
Commissioner Bird was not convinced that a flat fee would be
equitable and advised that it was his understanding that the City
was working on a fee structure more in keeping with the size of the
business. He preferred to wait and see what the City recommends.
Director Baird pointed out that there was the same amount of
paperwork whether it was a small or a large business and that , a
flat fee would be easier. We will not have the same system as the
City and their fees will be a little higher than the County.
Commissioner Eggert considered the fee as a registration fee
and was concerned that if the County waits to adopt a standard, we
will not have a chance to get ready.
Tax Collector Zimmerman advised that the renewal period starts
August 1, 1995, and they are making major computer changes early in
the year, so they do need the Board's conclusion.
Director Baird suggested a deadline of August 1 for a status
report for the Board's approval.
SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that, immediately upon adjournment, the
Board would convene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being -prepared
separately.
There,a ng no further business, on Motion duly made, seconded
and cari�'�,h`e 'Board,,,,adjourned at 10:30 a.m.
NN
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,yen, 15. I �9
Minutes Approved:
SEPTEMBER 279 1994 39
booK J PAAM